Legal Question in Civil Litigation in Georgia
In May 2006, a friend of mine helped me out by purchacing a vehicle for me in his name. I have made monthly payments, never late on one payment. The vehicle is insured under my name, and I have bank statements showing all of my payments. Recently we have had a falling out and now he is requestng that the remaining portion ($2700) be paid by the end of the week. I do not have that amount. Can he legally come to my house or place of emoyment and take the car back?
2 Answers from Attorneys
Ownership is determined by the title, and the owner of the vehicle is generally entitled to possession. No one here knows the agreement you made between you (and you did not say), but both of you committed fraud unless all details of your arrangement were disclosed and agreed to by the lender. That would be unlikely for a lender to agree. This was the risk both of you took when you decided to do this.
It's his car, unless you have any contract in writing with him to the contrary.
It sounds like you deliberately defrauded the lender in your arrangement, and that (along with the absence of a written contract) probably precludes you from complaining in court, as you cannot come to court with unclean hands.
Even if you pay the money, it's still his car.
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